What the Judiciary Has Said About Climate Justice in Recent PILs
- ByAdmin --
- 30 Jun 2025 --
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In recent years, the Indian judiciary—especially the Supreme Court and various High Courts—has emerged as a critical actor in the fight for climate justice, responding to a growing number of Public Interest Litigations (PILs). These PILs have called out environmental degradation, challenged government inaction, and sought stronger enforcement of sustainability norms. As the climate crisis deepens, courts are reinterpreting the right to life and dignity to include the right to a clean, stable, and safe environment.
Key Judicial Trends in Climate Justice PILs
1. Environmental Protection as a Fundamental Right
The judiciary has repeatedly emphasized that Article 21, which guarantees the right to life, implicitly includes the right to a clean environment, and by extension, climate security. Courts have begun treating air pollution, deforestation, and groundwater depletion not merely as administrative failures but as violations of constitutional rights.
2. Recognition of Intergenerational Equity
Judgments now increasingly reference intergenerational justice—the idea that environmental stewardship is not just a present-day obligation, but a responsibility toward future generations. Courts have invoked this principle while halting projects that could lead to long-term ecological harm.
Notable Cases and Judicial Observations
a. Tree Felling and Urban Green Spaces
In Delhi, Mumbai, and Bengaluru, courts have halted or conditioned the cutting of thousands of trees for infrastructure projects after PILs argued that urban green spaces were essential for both public health and microclimate regulation. Courts insisted on mandatory environmental impact assessments and compensatory afforestation, often demanding independent expert oversight.
b. Air Pollution and Public Health
In multiple PILs on air pollution in Delhi-NCR, the Supreme Court has:
- Directed the Centre and states to implement smog towers, ban stubble burning, and regulate industrial emissions.
- Criticized regulatory authorities like the Pollution Control Boards for negligence.
- Held that inaction in controlling pollution amounts to a failure of the State's duty under the Constitution.
c. Climate-Induced Disasters
High Courts in Uttarakhand and Himachal Pradesh have dealt with PILs after landslides and floods, urging governments to rethink hill development, limit tourism in ecologically sensitive zones, and ban constructions that increase vulnerability. The courts linked unregulated development to climate vulnerability, acknowledging changing rainfall patterns and glacial retreat.
d. Water Crisis and Groundwater Exploitation
The judiciary has intervened in cases related to over-extraction of groundwater by private and commercial entities. Courts have mandated strict licensing regimes, supported rainwater harvesting, and warned that overuse threatens both climate resilience and agricultural stability.
e. Waste Management and Plastic Pollution
Several PILs have led courts to push for:
- Enforcement of single-use plastic bans
- Better waste segregation and recycling mechanisms
- Liability for polluting industries
These are often framed not just as environmental measures but as part of the right to a dignified life, particularly for marginalized communities who bear the brunt of poor sanitation and toxic exposure.
Judicial Tools and Innovations
- Court-appointed expert committees to monitor compliance.
- Suo motu cognizance in cases of environmental disasters or policy failures.
- Reliance on international environmental principles, like precautionary principle and polluter pays, even when not codified in domestic law.
The Larger Constitutional Vision
Courts have started viewing climate justice through the lens of Directive Principles of State Policy (Articles 48A and 51A(g)), asserting that protecting the environment is both a State duty and a citizen’s responsibility. In several judgments, the judiciary has linked climate protection with social justice, especially for vulnerable populations impacted by climate shocks.
Conclusion
The Indian judiciary’s evolving approach to climate justice in PILs marks a shift from reactive environmentalism to a rights-based and future-facing constitutional framework. By grounding environmental protection in life, dignity, and equity, courts have reaffirmed their role as guardians not just of legality—but of sustainability.
As the climate crisis accelerates, judicial intervention remains a vital check against regulatory complacency and a beacon of hope for communities demanding action.
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